I was in a fixed tenancy with an ex partner that was for 6 months. She left early in the tenancy but I stayed on till the 6 month ended. Now I want to stay in the property but my contract has ran out and I want it in my name only now. So where do I stand regarding length of contract etc I have to sign or do I even have to sign any and jist stay as a rolling tenant on my own terms without causing trouble? The landlord is trying to say I need sign another 6 months however I’ve said I don’t want to be here for 6 months so want a flexible contract like a periodic contract… help please someone??
When moving from joint to sole tenancy most landlords will want to do it as a new tenancy. It may be a term in landlords mortgage or insurance that a contract must have a minimum term of 6 months. You dont have an automatic right to a sole tenancy, it is upto a landlord.
If you dont sign a new tenancy your existing agreement will stay on a rolling monthly basis. Depending on your relationship with your ex this may be best option if you plan on leaving within a few months.
If you were both on the tenancy agreement if one of you leaves you are both responsible for paying to the end of the contract and you would have to give notice according to the contract so if it has gone onto the rolling period contract it would be 4 weeks notice .
In the case of split partners the problem is usually the other way round and if someone leaves the house often the remaining partner wants to get out of the contract early as they can’t afford the rent but the contract is enforceable and the LL would probably claim the money from either or both partners via money claims online which is quick and cheap to do.
Physically leaving a property is not the same as ending your commitments under a contract .
If you refuse to sign a new agreement, your tenancy will become periodic automatically. That would give you maximum flexibility, but there are two potential issues:
- Your ex-partner would still be a tenant and able to return if she chooses. She could also end the tenancy for both of you at any point by serving a month’s notice.
- The landlord will probably serve you with a six month notice and refuse to give you a good reference.
If neither of those things are a problem for you, then just refuse to sign.